POLICE COURT.

Taranaki Daily News, Volume XXIV, Issue 89, 27 March 1902, Page 2

POLICE COURT.

Wednesday, March 26th.—Bsfore Mr R. L. Stanford, S.M. GAOL BBKAKIAQ. Rboderick McDotald was charged with escaping from New Plymouth gaol on the 17 th inst. Formal evidence was given by Constable Lind, who arrested the prisoner, B. L. O'Brien, gtoler, Warder Hawkins, T. P. Hughaon and Wardtr Downes. 1 In reply to the usual question, prisoner pleaded guilty, intimating that he desired to have something to eay before beicg sentenced. He was wnandtd to the Supreme Court sittings for sentence, ■ BREAKING! AND ENTERING. Thu same prisoner was charged with breaking and entering Mr T. P. Hughson's store, at Okato, and stealing a j suit of clothes therefrom. Sergeant Haddrell prosecuted, and called Thos. P. Hughson, who said he lived at his store at Okato. Closed up at }0 o'clock on th& 20tb, leaving all eicuie. Was awakened about four a.m. by his wife, and in consequence of what she said he jumped up, went outside, looked through the glass of the do r aud saw a man walking round inside the counter with a lighted match. Saw the man take some shortbread. Went to get assistance and saw a waggon coming along ; asked the driver to give him a hand to secure the intruder and he did so. Witness posted the man at he front and himself went to the back Before witness could get the door opened he heard the intrudo.- disappear through the broken glass in the door. It was the noiss of the fall of broken glass thit first aroused his wife. Followed the sound of retreating footstep* tilt he hsard the man go through a wire fenc«. Examined his premises on returning and found chisel marks on the door near the lock. Found a cold chisel near the shop about sane width j as the marks on the door. Shortly afterwards fouad a bag against the building. Pruon trousers were in the bag. Missed a stick of tobacco, shortbread and a suit of navy bid* clothes, size six, valued at £2. Identified clothes produced. Recognised shirt produced as bring part of bis stock. 1 Could oaly identify accused by hie build. To prisoner: There was about 30s 1 loose money on the shelf that could have been seen. The money was not ' touched. ■ Constable Lind proved arresting prisoner, who admitted he had taken - the clothes from the store, and that he > had seen money on the shelf but had i not touched it. Prisoner pleaded guilty, and was reI mitted to the Supreme Court for sentence. > His Worship ordered the clothes to I be returned to Mr Hughson. ; UNBRANDED SHEEP, ! Walter Bayly was chargei with ' being the owner of 120 sheep and failing to "rand the same. J Mr Kerr appeared for defendant. 5 Inspector Rowan said defendant ad- ' nut G.i tlia sheep in question wera his. 1 The sheep were shorn and offered far 1 sale. They had an ear maik but no J wool brand, ' To Mr Kerr: An ear mark did not " comply with section 67 of the Act. Under the present state of the law it 3 was necessary to brand as well as ear ' mark. Defendant stated be hud 1 branded some of tl>e sheep. The mark r was not a brand mark as defined by I tho Act. Could not withdraw the in- " formation, as the sheep ia question b were not branded. Examined them 3 very closely. To His Worship: Was certain the sheep had no brand whatever on them, Deft ud suit asked if he migbt sell the sheep and brand them after, bus witness declined, Mr. Kerr said his c:se was that the defendant specially iostructed his cadet (Bruce) to brttld all his sheep nnd this was done with a kind of paint which, owing to heavy rain on the same night, * was washed off the sheep. He su;i- ---'• mitted the Court must be satisfied there was a wilful attempt to elude the pro- | visions of the Act. He called * Ray Bruce, who s»id he was employed by defendunt at Uruti and branded 6 every one of the sheep with " B.B'' " defendant's brand, the letters being '' nearly four inches. Wes certain all '> the thetp were branded. It was rain- " ing when the branding was done aud it rained all that Bight. r To Mr. Rowan: Would swear that " the sheep in question were branded. s Though he did not see the sheep in the * saloyard he could swear tbey had been * bianded as defendant bad no other '> sheep than tho«e wituess branded, Defendant said he entered some r sheep for sale at Waitnra fair. Brought 9 them from his farm at Uruti. Sheared r about the middle of January all he II could muster. Corr b rited last witP nrss as to the brandiug. To his Worship : Saw Bruce brandf ing some of the sheep, but was tot present all the time. ) To Mr Kerr: Attributed the ab- " senco »f brand marks on thu sheep to ' the paint having been inferior and 3 washed off. To Mr Rowan: The lami'S were branded. Admitted tilling Mr Rowan that he (witness) would have to brand the sheep before taking them f«om the yard. ' To his Worship: Did not remember ever hearing of a previous case in which " tbe paint marks disappeated in six weeks. About 70 were branded in the > yard. To Mr Rowan: If branded in a race some sheep might escape. There were no conveniences in the district for branding sheep in-a race. Recalled by Mr Kerr: The sheep wore dipped uftor branding. In reply to his Worship defendant j said there were about 30 or 40 having ■ seme sort of a mark, but en 130 there was no mark to be seen. His Worsbipsaidthero was soma difficulty in arriving at a dicision in this . case. There was no question that the i brand was not on the sheep when ex- . po«)d for silo at the yards. He found it difficult to Luioive the paint came off after the la'pee of only six weeks, bit. in face of thu evidence of Bruce and :,tic defendant, ho was boui d io believe tUe sheep Lad b'en branded, a;id thesofur.i tue case would be dismissed, At the Uuifi the Inspector hud bweri , quite right ia bringing the caw before ; sue Court. Jessie J. Hills, of Stratford, was charged with exposing for sale 10 unbonded rams. Defendant was not presen', but wa> repies'jniod by Mr Wcs'-on, who admitted thn odeuie. Inspector Rjwau proved tho breach of the Act, aud a fine of 2s per head and costs was imposed. A further charge was proceeded with against the same defendant for exposing sheep fur sale marked with the

1 registered brand of aaotiur omsar. Inspector Rowan gave ovidoMOaitO \i] finding eleven rams belonging to dt> ' " : fendant at tbe Waitara sal* wil branded with the figure 5, which w>« the registered brand of Mr Wbusier,of Inglawoad. Mr Weston stated that the defendant bad employed Mr Colson to shear tho rams, ai.d the latter had employed Mr Barriball, who sheared them, and then branded them with a brand that was a> tonly used at the Waiwakaibo B < Worship advised that the information should bs withdrawn, m fresh information laid against Barriball. - air Weston said the section was Jtttlo Known" i"" 1 the present ease weaH do good in nt a Wog it known. * . The aaid that an honert man woojd intuitively know that it was crim l ?*' to use, other pooplt's brands, Thecate was then withdrawn. Wm. Eakeraod Joseph Hignett wero charged with exposing for sale at Waitara 10 sbeep not marked with tho owner's brand. The Magistrate said dealer* stood ia a very different category to farmer*, as they ought to knew the law op to the bilt. Be imposed a fine of £1 a head and cost*. Subs* quently it waa pointed out that the maximum penalty was 10s, and tho fine was reduced to 2s a head. Oliver B, Hoby was charged with having four raats unbranded at tho , Waiwakaiho sale* yard* on the 23rd February. Inspector Rowan proved finding the sheep unbranded at the sal* yards. Defendant pleaded guilty, and waa , fined Is per sheep. i a NoXioue waa cask. v , Samuel Chapman of Inglewood mi charged with failing to obey a notioa to I clear sections 204, 200, 212, Wigl—t, , from ragwort. i , Inspector Rowan prosecuted, and | , stated that defendant bold 249 acres. , ] , 15 of which were very badly oommA . with ragwort. d Dafendaßt made a long statsaaant, in 1 [ which he «aid he was doing hif utmost 1 t to eradicate the weed, and that ft WM his intereat to do so. Ho had wad i j krgq quantities of salt, bnt finding that ineffectual, he had procured ana mad | t "Killweed." Re had not grabbed tb« I land, es it wa* swampy and oorend t with logs Possibly tho Inspector might now find a few twigs of tho weed j under logs, but he (defendant) had now \ got the land clear of the waeJ. J 8 His Worship r.djoumed the oaae for J j a week to enable the Inspeotor to again Jj inspect the land. If it was found to - Jjl be free from weeds a nominal fine of la IB would be inflicted j but if the oleannoa had not been effected, a heavier penaltj "1 0 would be imposed. ' J